G.Kesavan v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2022

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.NO.9508 OF 2022 G.Kesavan ... Petitioner -vs1. The Commissioner, Ripon Buildings, Chennai-600 003.

2. The Chief Engineer, Ripon Buildings, Chennai-600 003.

3. The Zonal Officer (Zone-6), No.158, Strahans Road, Pattalam, Chennai-600 012.

4. D.Ganesan ... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to take action on the petitioner's representations dated 08.02.2022 and 25.02.2022 made for deviating the sanctioned plan by the 4th respondent at Door Old No.23, New No.74, United Colony 2nd Street, Kolathur, Chennai-600 099 within a time frame fixed by this Court and till such time, forbearing the 4th respondent not to proceed with the construction.

For Petitioner : Mr.L.Chandrakumar For Respondents : Mr.K.Raja Shrinivas 1 to 3

ORDER

(Order of the Court was made by T.RAJA, J.) This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the respondents 1 to 3 to take action on the petitioner's representations dated 08.02.2022 and 25.02.2022 made for deviating the sanctioned plan by the 4th respondent at Door Old No.23, New No.74, United Colony 2nd Street, Kolathur, Chennai-600 099 with a consequential direction, forbearing the 4th respondent from proceeding further with the construction till such time.

2.

When Mr.L.Chandrakumar, learned Counsel for the petitioner started explaining the case of the petitioner, Mr.K.Raja Shrinivas, learned Standing Counsel for the respondents 1 to 3 stated that the prayer of the petitioner has become infructuous since action has already been taken on the basis of the representations of the petitioner dated 08.02.2022 and 25.02.2022. Pursuant thereto, a Stop Work Notice dated 02.03.2022 followed by a Lock and Seal and Demolition Notice dated 22.03.2022 have been issued. He has also produced the copies of the same before this Court. Therefore, he would submit that when Stop Work Notice coupled with the Lock and Seal and Demolition Notice calling for approval plan also have been issued, the prayer in the Writ Petition has become infructuous. 3.

Recording the said submissions of the learned Standing Counsel for the respondents 1 to 3, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tsi To

1. The Commissioner, Ripon Buildings, Chennai-600 003.

2. The Chief Engineer, Ripon Buildings, Chennai-600 003.

3. The Zonal Officer (Zone-6), No.158, Strahans Road, Pattalam, Chennai-600 012.

+1cc to Mr.R.Kamaraj, Advocate, S.R.No.26439 +1cc to Mr.K.Raja Shrinivas, Advocate, S.R.No.26599 W.P.No.9508 of 2022 SJ(CO) PM/29/04/2022